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TIPPINS v. WALKER

No. 735, Docket 95-2406.

77 F.3d 682 (1996)

Dale TIPPINS, Petitioner-Appellee, v. Hans WALKER, Superintendent, Auburn Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 7, 1996.

Attorney(s) appearing for the Case

Michael E. Bongiorno, District Attorney, Rockland County, NY (Lisa Cohen, Assistant District Attorney, Rockland County, NY, of counsel), for Respondent-Appellant.

Sally Wasserman, New York City, for Petitioner-Appellee.

Before: McLAUGHLIN, JACOBS, and CALABRESI, Circuit Judges.

JACOBS, Circuit Judge:

Dale Tippins petitioned for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, on the ground that his lawyer slept during Tippins' criminal trial. The United States District Court for the Southern District of New York (Keenan, J.) granted the petition, holding that counsel was ineffective per se because he was asleep for a "substantial" portion of the trial, and that Tippins' Sixth Amendment right to counsel was thereby...

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